After the director of the Wisconsin Historical Society approved our reburial plan for the 831 ancestors disinterred in 2013, Milwaukee County and Froedtert Hospital appealed the decision to the Burial Sites Preservation Board, the Department of Administration, and Milwaukee County Circuit Court. All these appeals were either dismissed or not taken up, though time remains to appeal the circuit court decision.

Milwaukee County has now pursued a procedural claim under the open meetings law, following the dismissal or decline of its earlier appeals. This suit, filed June 6, 2025, raises doubts about whether its true purpose is to revisit the outcome rather than address legitimate concerns about transparency.

While the case is technically in the name of the state (State of Wisconsin ex rel., vs. Burial Sites Preservation Board et al.), it is being prosecuted by Milwaukee County, as the Dane County District Attorney declined to take it. Froedtert Hospital is not publicly involved, though in a letter to the Burial Sites Preservation Board dated June 3, 2025, the president of Froedtert Hospital repeated, among other things, the claim that “Froedtert and Milwaukee County did not receive required notice of all relevant meetings.”

The County’s Meeting Notice Claim

The County takes issue with two meetings in particular, saying that the public notices required by the open meetings law were not properly given:

• The board approved the Descendant Community’s application to the Registry of Interested Persons on June 8, 2023, under the cultural, tribal or religious affiliation priority.
• On August 8, 2024, the board voted on a motion on whether to accept an appeal of the director’s decision. The motion failed and the appeal was not taken up.

The County asks that the court void the actions at the meetings and assess a forfeiture of $300 against the board and each of its members.

Members of the Descendant Community attended both meetings. Indeed, our awareness of the August 8, 2024, meeting was due solely to public notices.

The Public Interest and the Risk of Voiding the Vote

Although not directly at issue in this lawsuit, the County has elsewhere argued that we do not meet the criteria for inclusion on the Registry of Interested Persons under the cultural, tribal, or religious affiliation priority. That inclusion was essential to the approval of our reburial plan. Only one other plan was submitted to the Historical Society, and even had we not submitted a plan or were on the registry with a lower priority, it is unlikely the alternative would have been approved, as it did not satisfy the legal requirements.

Even if a procedural violation occurred, a court may void the Board’s actions only if doing so serves the greater public interest. That threshold is not met here. The approved reburial plan is grounded in respect, legal compliance, and preservation of cultural and historical dignity—values that clearly serve the public interest.

It is worth noting that one of the meetings in question involved a failed motion to accept an appeal. Since the motion did not pass, no substantive action was taken at that meeting. Consequently, even if a procedural violation occurred, voiding this action would have no practical effect. This fact underscores the County’s focus on procedural technicalities rather than any genuine prejudice or harm.

The County’s claim of improper notice rests solely on “information and belief,” without affirmative evidence that the board failed to satisfy its statutory obligations. The complaint provides no detail on inquiries made or evidence supporting the assertion that physical posting—such as on a bulletin board at the Wisconsin Historical Society—did not occur. Absent such evidence, the allegation remains speculative rather than factual.

Moreover, the County and Froedtert Hospital were themselves added to the Registry of Interested Persons at meetings for which there is no clear evidence that the required public notices were given as currently alleged. If actions were to be invalidated on that basis, similar scrutiny would logically apply to their own prior inclusion on the registry. The issue, therefore, is not solely one of legal compliance in the abstract, but of consistent application and fair dealing.

This procedural challenge arises only after the County’s earlier substantive objections were dismissed or declined. Revisiting the matter now on speculative procedural grounds, without evidence of actual prejudice or harm, does not serve the public interest. Rather, it serves only to delay the dignified reburial of 831 ancestors.

The Descendant Community remains committed to honoring those once buried at the Milwaukee County Grounds Cemeteries. We welcome those who wish to learn more or support this ongoing work.

On May 6^th, the Hon. William Sonsay granted a motion to dismiss the appeal from Froedtert Hospital and Milwaukee County. The appeal challenged the Wisconsin Historical Society’s approval of our reburial plan for the 831 ancestors exhumed in 2013.

The appeal questioned whether the approved plan was the best option and alleged that certain less expensive alternatives were not properly considered; the court found, however, that the petitioners failed to provide sufficient legal support or to act within the prescribed timeframe.

We look forward to working with the Wisconsin Historical Society, the University of Wisconsin–Milwaukee, and Forest Home Cemetery & Arboretum to carry out the reburials. Froedtert Hospital remains responsible for the costs, and any further delays—regardless of their source—will only increase the financial burden. The Descendant Community remains steadfast in its commitment to ensuring the ancestors are treated with dignity and respect.

Clarification Regarding Ancestry and Allegations of Misrepresentation

Although the court’s decision was based on procedural grounds, the order references certain assertions that merit clarification:

1. Ancestry of the 831 Ancestors
   The order states that virtually all 831 ancestors are of Native American descent. Not only do the individual identities of the ancestors remain unknown, their ancestry is not definitively established, as the University of Wisconsin–Milwaukee (UWM) did not perform formal ancestry estimations. Instead, assumptions based on historical records suggest primarily European origins, some African ancestry, and only a few Native American individuals associated with the site.
2. Alleged Misrepresentation of Alternatives
   The order also references a claim that the Descendant Community’s proposal to the Wisconsin Historical Society misrepresented alternatives by omitting a less expensive plan. This assertion is unfounded. The reburial plan was developed through extensive research, consultation, and careful consideration of all viable alternatives known to the Descendant Community at the time. The proposal reflects a comprehensive and respectful approach, balancing dignity, feasibility, and cost.

Contrary to such claims, the Descendant Community did not omit any bona fide, viable alternatives from its submission. Any suggestion otherwise is misleading and does not accurately represent the thoroughness or intent of our proposal.

We emphasize that all human remains, regardless of ancestry, merit respectful and dignified treatment—the foundation of our efforts and proposals.

Join Us in Honoring Our Ancestors

The work of respectfully reburying the 831 ancestors is a responsibility that requires community support and involvement. We welcome volunteers who wish to assist with genealogical research, community outreach, and educational efforts. Training and guidance are provided to ensure meaningful and respectful participation.

Financial contributions also play a critical role in covering costs related to the reburial process and ongoing care. Your donations help ensure that the ancestors are honored with the dignity and respect they deserve.

If you wish to support this important work, please contact us or visit our website to learn more about volunteering opportunities and how to make a donation.

Together, we can honor the past and build a legacy of respect and remembrance for generations to come.

Froedtert Hospital is continuing to fight the Wisconsin Historical Society’s decision approving our reburial plan for the 831 ancestors exhumed in 2013. Unfortunately, this means the reburial of the ancestors housed at the University of Wisconsin–Milwaukee will remain on hold until the pending appeal has been resolved.

After the Division of Hearings and Appeals dismissed their appeal on January 10^th, finding that it did not have the authority to hear the case, Froedtert and the county filed an appeal in Milwaukee County Circuit Court on February 10^th. The case, Milwaukee County et al. vs. Christian W. Overland et al. (2025CV001230), has been assigned to the Hon. William Sosnay. While there is not a set timeframe, it is not likely to be concluded quickly.

Froedtert Hospital has raised concerns about the cost of our reburial plan, citing it as “too excessive;” the costs, however, are reasonable and reflect careful consideration of several factors. Finding a place for 831 individual graves within a single area in Milwaukee County was no easy task, and we are confident in our choice of Forest Home Cemetery & Arboretum.

Our plan includes not only the initial cost of reburial but also perpetual care, which will involve ongoing maintenance and upkeep of the graves long after we are gone. This is expected and required for cemeteries in Wisconsin, ensuring the graves remain secure, well-maintained, and accessible to future generations.

The cost of our reburial plan is directly tied to when the reinterments are completed. The more time that passes before the reburials take place, the lower the cost will be for each grave. Froedtert will ultimately bear the increased costs, as they are responsible for paying regardless of when the reburials occur.

Next Steps

Our community is committed to ensuring that every person who was exhumed in 2013 receives the respect they deserve. We are not just fighting for ourselves; we are fighting for the values of our ancestors and the people who built Milwaukee County.

“Our direction at this time is to wait for these court things to happen,” Descendant Community President Judy Houston said. “It is really unfortunate. I’ve been very sad that these people will not be reburied this year.”

Despite this delay, we continue telling our story. We will also continue our genealogical research, identifying veterans and others with the hope of re-uniting them with their families.

Join Us

Join us in this fight for dignity and respect. Donate now or contact us to volunteer to help us honor our ancestors and ensure their legacy continues to thrive. Our community relies on volunteers like you to help us identify veterans and others who deserve reburial; training is provided, and we invite you to join our team!

Milwaukee County and Froedtert Hospital filed appeals against the Wisconsin Historical Society’s decision regarding the reburial plan for the 831 ancestors exhumed in 2013.

The Division for Hearings and Appeals (DHA) has taken up Milwaukee County’s appeal. (Froedtert’s appeal is more recent and will likely be joined with it.) The case, Milwaukee County v. State Historical Society (DHA Case No. SHS-24-0001) has been assigned to Administrative Law Judge Angela Chaput Foy. The County, the Wisconsin Historical Society, and any other entity wishing to file briefs must do so before the next pre-hearing conference, which is scheduled for January 22, 2025.

Reasons for Appeal

Milwaukee County and Froedtert Hospital cite several reasons for their appeals. While they vary in their wording, they are similar:

• Lack of due process
• Procedural errors
• Misinterpretation of definitions
• Unlawful exercise of discretion (The county, in particular, says that the decision prohibits it from complying with its ordinances and procurement processes.)

These are largely the same reasons the county requested that the Burial Sites Preservation Board review the decision previously. At a meeting of the board held on August 8, 2024, Wisconsin Historical Society Attorney Sarah Larson explained that the request for review, which had been accepted past the deadline, lacked merit. The minutes from this meeting are available on the Wisconsin Historical Society’s website. While both the county and the hospital claim that they were unaware of this meeting, it was publicly announced and several members of the Descendant Community attended.

Our Commitment

As this appeal progresses, the Descendant Community remains committed to ensuring the respectful and dignified reburial of the 831 ancestors who were exhumed. We encourage the community to stay informed and involved as we work to honor the individuals once buried at Milwaukee County Grounds Cemeteries and address the impacts of past actions.

The “Request for Proposals” (RfP), as expected, was sent out by the Director of the Wisconsin Historical Society on 5/1/2023 to those who were approved by the Burial Board for this cemetery’s registry. This RfP will determine the final disposition of 831 sets of human remains which were exhumed in 2013 from this cemetery. From 2013 to date, these remains are stored on shelves at UW-Milwaukee and used for scientific research during the temporary disposition.

It is our goal, as the Descendant Community of Milwaukee County Grounds Cemeteries, Inc, to offer a proposal plan which, in the end, leads to dignified reburial of the remains. This proposal was submitted by August 1 and a decision may occur in the fall of 2023.

You are welcome to join our Descendant Community which includes direct descendants, extended family members, and concerned citizens. We meet virtually. Please inquire by contacting us.

Our community needs helpful volunteers for genealogical research to find direct descendants and extended kin. We are also recruiting genealogists to find veterans who were buried at any of the four cemeteries at Milwaukee County Grounds, so they may be recognized by placing a Veterans’ headstone at or near the site of their burial.

Letters of support for the Descendant Community and our goals may be sent to the Wisconsin Burial Sites Preservation Board. Emails to: burialsites@wisconsinhisory.org OR by USPS mail to Wisconsin Historical Society, WI Burial Sites Preservation Board, 816 State Street, Madison, WI. 53706

Thank you for your support and care of those who are silent.

Sincerely,

Judy Klimt Houston, President